Trump birthright citizenship executive order legal challenges

Reference TimelineLast updated APR 1
SUMMARY

Former President Donald Trump attended oral arguments at the Supreme Court on April 1, 2026, for a case challenging his executive order on birthright citizenship, marking the first time a sitting or former U.S. president has attended Supreme Court arguments. As of March 26, 2026, federal courts have issued injunctions blocking the enforcement of the executive order, with a federal appeals court in the 9th Circuit having ruled it unconstitutional. The Justice Department is urging the Supreme Court to incorporate "domicile" into the 14th Amendment's interpretation, while a coalition of 24 attorneys general, including Maryland AG Anthony G. Brown and New York AG Letitia James, along with 216 House and Senate Democrats, the NAACP, and the U.S. Conference of Catholic Bishops, have filed briefs opposing the order. The executive order, signed on January 20, 2025, seeks to alter the legal interpretation of the 14th Amendment's Citizenship Clause.

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April 2026 — 1 developments

  1. Former President Donald Trump attended oral arguments at the Supreme Court on April 1, 2026, for a case challenging his executive order on birthright citizenship.

    Former President Donald Trump attended oral arguments at the Supreme Court on April 1, 2026, for a case challenging his executive order on birthright citizenship. This marks the first time a sitting or former U.S. president has attended Supreme Court arguments.

March 2026 — 3 developments

  1. The National Education Association (NEA) and other labor unions are defending birthright citizenship…

    The National Education Association (NEA) and other labor unions are defending birthright citizenship, stating that federal courts have issued injunctions blocking the enforcement of the executive order. The ACLU is also involved in multiple lawsuits challenging the order, with a federal appeals court in the 9th Circuit having ruled it unconstitutional.

  2. A Senate hearing was held in March 2026 to examine the interpretation of the 14th Amendment regarding birthright citizenship for children of undocumented immigrants or tourists.

    A Senate hearing was held in March 2026 to examine the interpretation of the 14th Amendment regarding birthright citizenship for children of undocumented immigrants or tourists. This discussion is linked to former President Trump's executive order that sought to limit birthright citizenship. The Supreme Court is scheduled to hear oral arguments on April 1, 2026, regarding this executive order.

  3. The Justice Department is urging the Supreme Court to incorporate the concept of "domicile" into the…

    The Justice Department is urging the Supreme Court to incorporate the concept of "domicile" into the interpretation of the 14th Amendment in the ongoing challenge to President Trump's birthright citizenship executive order. This legal strategy seeks to alter how parental immigration status affects a child's citizenship. Oral arguments in the case, Trump v. Barbara, are scheduled for April 1, 2026.

February 2026 — 10 developments

  1. The NAACP and other civil rights groups have urged the Supreme Court to strike down President Trump'…

    The NAACP and other civil rights groups have urged the Supreme Court to strike down President Trump's executive order on birthright citizenship, arguing it distorts the 14th Amendment. The U.S. Conference of Catholic Bishops (USCCB) also filed a Supreme Court brief opposing the order, calling it 'immoral' and an affront to Catholic teaching.

  2. The U.S. bishops and a Catholic immigration advocacy group have supported a lawsuit challenging Pres…

    The U.S. bishops and a Catholic immigration advocacy group have supported a lawsuit challenging President Donald Trump's executive order that limits birthright citizenship. Oral arguments in the case, Trump v. Barbara, are scheduled for April 1. The executive order, signed on January 20, 2025, sought to alter the legal interpretation of the 14th Amendment's Citizenship Clause.

  3. Maryland Attorney General Anthony G.

    Maryland Attorney General Anthony G. Brown joined a coalition of 24 attorneys general in defending birthright citizenship at the Supreme Court in the case Barbara v. Trump. Additionally, two historians have filed an amicus brief in support of the challenge to President Trump's executive order.

  4. Arizona Attorney General Mayes defended birthright citizenship on February 26, 2026, as the Supreme Court reviews the constitutionality of President Trump's executive order.

    Arizona Attorney General Mayes defended birthright citizenship on February 26, 2026, as the Supreme Court reviews the constitutionality of President Trump's executive order. The order, issued January 20, 2025, restricts citizenship to children with at least one U.S. citizen or lawfully admitted permanent resident parent, and immigrant rights groups assert it violates the 14th Amendment.

  5. New York Attorney General Letitia James, leading a coalition of 23 other attorneys general and San Francisco, urged the U.

    New York Attorney General Letitia James, leading a coalition of 23 other attorneys general and San Francisco, urged the U.S. Supreme Court to uphold birthright citizenship by filing an amicus brief. Massachusetts Attorney General Andrea Joy Campbell also co-led a coalition of 24 attorneys general and San Francisco in a similar brief. Additionally, U.S. Senators Ron Wyden and Jeff Merkley, with 27 colleagues, signed an amicus brief to protect birthright citizenship.

  6. On February 24, 2026, 216 House and Senate Democrats filed an amicus brief with the Supreme Court in support of birthright citizenship in the case Trump v.

    On February 24, 2026, 216 House and Senate Democrats filed an amicus brief with the Supreme Court in support of birthright citizenship in the case Trump v. Barbara. The lawmakers argue that President Trump's executive order to end birthright citizenship violates the Constitution, Supreme Court rulings, and laws passed by Congress. Oral arguments in the case are scheduled for April 1, 2026.

  7. President Donald Trump has criticized the Supreme Court over the pending case challenging his executive order on birthright citizenship.

    President Donald Trump has criticized the Supreme Court over the pending case challenging his executive order on birthright citizenship. Legal experts argue the order, which seeks to end birthright citizenship for children born in the U.S. to non-citizen parents, is unconstitutional and contradicts established precedent. The Supreme Court has scheduled oral arguments for April 1, 2026.

  8. The Pasadena City Council has voted to join as an amicus curiae in the legal challenge to President Trump's executive order on birthright citizenship, supporting the plaintiffs.

    The Pasadena City Council has voted to join as an amicus curiae in the legal challenge to President Trump's executive order on birthright citizenship, supporting the plaintiffs. This action adds a new municipal entity to the ongoing legal efforts against Executive Order 14160. The case, Barbara v. Trump, is scheduled for oral arguments before the Supreme Court on April 1, 2026.

  9. President Donald Trump expressed concerns on February 23, 2026, that the Supreme Court will rule aga…

    President Donald Trump expressed concerns on February 23, 2026, that the Supreme Court will rule against his executive order on birthright citizenship, drawing parallels to a recent Supreme Court decision that found his tariffs illegal. The order, issued on January 20, 2025, aims to end birthright citizenship for children born in the U.S. to non-citizen parents.

  10. Legal organizations representing children affected by President Trump's executive order restricting …

    Legal organizations representing children affected by President Trump's executive order restricting birthright citizenship filed their Supreme Court merits brief on February 19, 2026. The lawsuit argues that the executive order violates the Constitution, Supreme Court precedent, and federal law. Oral arguments are scheduled for April 1, 2026.

January 2026 — 9 developments

  1. The Justice Department has filed a brief with the Supreme Court defending President Trump's executive order on birthright citizenship, urging the court to uphold it.

    The Justice Department has filed a brief with the Supreme Court defending President Trump's executive order on birthright citizenship, urging the court to uphold it.

  2. The Supreme Court has scheduled oral arguments for April 1 in the case of Trump v.

    The Supreme Court has scheduled oral arguments for April 1 in the case of Trump v. Barbara, which challenges President Trump's executive order seeking to end birthright citizenship.

  3. Congresswoman Claudia Tenney led an amicus curiae brief filed with the Supreme Court in the Trump v.

    Congresswoman Claudia Tenney led an amicus curiae brief filed with the Supreme Court in the Trump v. Barbara case, arguing the Fourteenth Amendment was intended for newly freed slaves and not to incentivize illegal immigration.

  4. U.S. Representative Chip Roy and Senator Eric Schmitt filed an amicus brief with the Supreme Court, …

    U.S. Representative Chip Roy and Senator Eric Schmitt filed an amicus brief with the Supreme Court, supporting President Trump's executive order on birthright citizenship.

  5. Alabama Attorney General Steve Marshall announced that Alabama, along with a coalition of 26 states and territories, has filed an amicus brief with the U.

    Alabama Attorney General Steve Marshall announced that Alabama, along with a coalition of 26 states and territories, has filed an amicus brief with the U.S. Supreme Court supporting President Trump's executive order on birthright citizenship. This brief backs the order aiming to prohibit “birthright” citizenship.

  6. A coalition of 18 state attorneys general, led by Michigan AG Dana Nessel, filed a lawsuit on Januar…

    A coalition of 18 state attorneys general, led by Michigan AG Dana Nessel, filed a lawsuit on January 21, 2025, challenging President Trump's executive order to limit birthright citizenship.

  7. A Supreme Court update notes the central question in Trump v.

    A Supreme Court update notes the central question in Trump v. Barbara is whether the president's executive order contravenes the 14th Amendment's citizenship clause, with the solicitor general arguing for citizenship.

  8. The ACLU announced that its National Legal Director, Cecillia Wang, will argue the case before the S…

    The ACLU announced that its National Legal Director, Cecillia Wang, will argue the case before the Supreme Court in Spring 2026, asserting that the administration's attempt to end birthright citizenship violates the 14th Amendment.

December 2025 — 1 developments

  1. ACLU Legal Director Cecillia Wang is set to present arguments at the Supreme Court in the *Trump v.

    ACLU Legal Director Cecillia Wang is set to present arguments at the Supreme Court in the *Trump v. Barbara* birthright citizenship case.

October 2025 — 2 developments

  1. A federal appeals court upheld a district court's injunction blocking President Trump's executive order that sought to narrow birthright citizenship.

    A federal appeals court upheld a district court's injunction blocking President Trump's executive order that sought to narrow birthright citizenship. The First Circuit Court of Appeals ruled in favor of plaintiff states against the Trump administration on October 3, 2025. The Supreme Court has granted certiorari to hear the case, Trump v. Barbara, which challenges the executive order's compliance with the 14th Amendment.

  2. A federal appeals court in Massachusetts upheld a block on President Trump's executive order seeking to strip babies born in the United States of their U.

    A federal appeals court in Massachusetts upheld a block on President Trump's executive order seeking to strip babies born in the United States of their U.S. citizenship in the case of New Hampshire Indonesian Community Support v. Donald J. Trump.

September 2025 — 1 developments

  1. The Trump administration filed a petition for a writ of certiorari before judgment, asking the Supreme Court to take up the *Barbara v.

    The Trump administration filed a petition for a writ of certiorari before judgment, asking the Supreme Court to take up the *Barbara v. Trump* case.

July 2025 — 1 developments

  1. Judge Joseph Laplante of the U.

    Judge Joseph Laplante of the U.S. District Court for the District of New Hampshire issued a preliminary injunction, indefinitely blocking the enforcement of Executive Order 14160 against the certified class of individuals who would be impacted by the policy.

June 2025 — 2 developments

  1. The class-action lawsuit *Barbara v.

    The class-action lawsuit *Barbara v. Trump* was filed in the U.S. District Court for the District of New Hampshire, challenging Executive Order 14160. The lead plaintiff, "Barbara," is a Honduran citizen.

  2. The Supreme Court ruled in *Trump v.

    The Supreme Court ruled in *Trump v. CASA, Inc.* that federal district courts generally cannot issue nationwide (universal) injunctions. This decision influenced the strategy for challenging the birthright citizenship executive order.

January 2025 — 3 developments

  1. Twenty-two states and immigrants' rights advocates have filed lawsuits challenging President Trump's executive order on birthright citizenship.

    Twenty-two states and immigrants' rights advocates have filed lawsuits challenging President Trump's executive order on birthright citizenship. On January 23, 2025, a federal judge issued a nationwide temporary restraining order blocking the order, stating the lawsuit is likely to prevail. The order, issued January 20, 2025, sought to deny U.S. citizenship to certain babies born in the United States to non-citizen parents.

  2. Hours after the executive order was issued, the ACLU and other immigrant rights advocates filed a lawsuit challenging the order, arguing it violates the 14th Amendment.

    Hours after the executive order was issued, the ACLU and other immigrant rights advocates filed a lawsuit challenging the order, arguing it violates the 14th Amendment.

  3. President Donald Trump signed Executive Order 14160, "Protecting the Meaning and Value of American Citizenship," aiming to deny birthright citizenship to children born in the U.

    President Donald Trump signed Executive Order 14160, "Protecting the Meaning and Value of American Citizenship," aiming to deny birthright citizenship to children born in the U.S. whose mothers were unlawfully present or had temporary lawful status, and whose fathers were not U.S. citizens or lawful permanent residents. The order was set to apply to infants born on or after February 19, 2025.